Bombay High Court
Prabhakar Shankar Raut vs The State Of Maharashtra on 18 January, 2021
Bench: S.S. Jadhav, N. R. Borkar
(2)iA--1473-20.doc
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.1473 OF 2020
IN
CRIMINAL APPEAL NO.505 OF 2018
Prabhakar Shankar Raut ] .. Applicant
vs.
The State of Maharashtra ] .. Respondent.
Mr.Prashant Patil, for the Applicant.
Ms.P.P. Shinde, APP for State.
CORAM : SMT.SADHANA S. JADHAV &
N.R.BORKAR, JJ.
DATE : 18th JANUARY, 2021.
P.C.
1] This is an application seeking temporary bail on medical grounds.
2] The applicant herein is about 74 years old. He is in custody
since 31st March, 2018 i.e. after the pronouncement of judgment of his
guilt in Sessions Case No.25 of 2009 for the offence punishable under
Section 302 of the Indian Penal Code.
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3] The learned counsel for the applicant has submitted that while
the applicant was lodged in Taloja Jail, he was diagnosed with brain
tumour; his health started deteriorating; hence, he was transferred to
Arthur Road Jail and shifted to J.J. Hospital, Mumbai. He has further
submitted that on 1st December, 2020, he had undergone operation for
removal of the brain tumour and now it is difficult for the applicant to
prosecute his day to day chores.
4] In view of this fact, we have called the report from J.J. Hospital.
The Head of the Department of Neurosurgery, Grant Government
Medical College and Sir. J.J. Group of Hospitals, Mumbai has
submitted a report stating that "the applicant is fit for discharge with
nasogastric tube in situ. Patient care can be given at home. He has
been advised to follow up every fortnight". The Medical Report is taken
on record and marked as 'X' for the purpose of identification.
5] The learned counsel for the applicant submits that the health
condition of the applicant has deteriorated and he needs to be taken
care at home.
6] The son of the applicant viz. Pravin Prabhakar Raut has filed an
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affidavit and it is stated that he is working in a multinational company
and has the capacity for arranging every medical care as required. It is
also submitted that the family members would take care of him. It is
further submitted that he would take the applicant for regular medical
examination as and when required or as directed for evaluation of his
health condition. The affidavit is taken on record and marked as 'X-1'
for the purpose of identification.
7] In view of the above situation, the applicant deserves temporary
bail for a period of 8 weeks on humanitarian grounds. Pravin Raut, the
son of the applicant shall take the applicant to the hospital after every
fortnight and submit a report to the police station accordingly. With this
undertaking, following order is passed :
ORDER
i] Application is allowed.
ii] The applicant Prabhakar Raut be released on temporary
bail on furnishing a PR Bond in the sum of Rs.50,000/- (Rs.Fifty
Thousand Only) and one or more solvent sureties in the like amount.
(2)iA--1473-20.doc
iii] The applicant shall remain on bail for a period of 8 weeks
i.e. till 15th March, 2021 and shall surrender before the Sessions Court
at Kalyan on 16th March, 2021.
iv] The applicant be enlarged on provisional cash bail for a
period of four weeks, within which, he shall furnish solvent sureties.
[N.R.BORKAR, J] [SMT.SADHANA S. JADHAV, J]
